| Case ID |
2d48daef-4243-4d99-a17a-dcbbedb8445f |
| Body |
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| Case Number |
I.C.A. No.187 of 2020 in W.P. No.3042 of 2018 |
| Decision Date |
Feb 26, 2019 |
| Hearing Date |
Mar 21, 2022 |
| Decision |
The Appellate Tribunal dismissed the Intra Court Appeal filed by Abdul Ghafoor against the Order dated 26.02.2019 from the learned Single Judge in Writ Petition No. 3042/2018. The Tribunal concluded that there was no statutory provision regarding promotion in the State Life Employees (Service) Regulations, 1973 that vested a right enforceable in the High Court. The Tribunal upheld the findings of the Federal Service Tribunal which indicated that the absence of performance standards precluded the appellant from being considered for proforma promotion. The delay in filing the petition was also deemed significant, invoking the doctrine of laches, as the petitioner did not provide justifiable reasons for the prolonged delay. The decision established that the SLIC, as a commercial entity, is entitled to establish its own promotion criteria, which differ from those applicable to civil servants. |
| Summary |
This case revolves around the appeal of Abdul Ghafoor against the decision of the State Life Insurance Corporation regarding his promotion. The Appellate Tribunal evaluated the constitutional and regulatory framework governing promotions within the Corporation. The Tribunal highlighted the absence of specific statutory rules regarding promotions, emphasizing that the SLIC, functioning as a commercial organization, has the discretion to establish its own criteria for employee assessments and promotions. Furthermore, the Tribunal assessed the delay in bringing forth the appeal, categorizing it under the rule of laches, which typically allows a three-month window for filing petitions. The ruling reinforces the notion that commercial entities have the autonomy to determine performance standards, thus ensuring that their operational integrity is maintained without judicial interference unless clear statutory violations are evident. This case serves as a significant reference for employees within commercial organizations seeking promotions and understanding their rights and the regulations governing such processes. |
| Court |
Appellate Tribunal Inland Revenue, Multan Bench
|
| Entities Involved |
State Life Insurance Corporation of Pakistan
|
| Judges |
ABID HUSSAIN CHATTHA,
MUHAMMAD RAZA QURESHI
|
| Lawyers |
Muhammad Yafis Naveed Hashmi for Appellant,
Malik Muhammad Tariq Rajwana for Respondents,
Malik Asif Rafique Rajwana for Respondents
|
| Petitioners |
ABDUL GHAFOOR
|
| Respondents |
STATE LIFE INSURANCE CORPORATION OF PAKISTAN through Chairman and 2 others
|
| Citations |
2023 SLD 400 = 2023 PLC 186
|
| Other Citations |
Mehboob Alam v. State Life Insurance Corporation of Pakistan and others (Writ Petition No.5136 of 2006),
Abdul Waheed v. Chairman, State Life Insurance Corporation of Pakistan (I.C.A. No.146 of 2001),
Mazullah Khan v. Zonal Head, State Life Insurance Corporation, Peshawar and others 2008 SCMR 617,
State Life Insurance Corporation of Pakistan and others v. Syed Hassan Ali Shah and others 2010 SCMR 1381,
Mian Aurangzeb Noor v. Rent Controller, Lahore and another 2012 CLC 1729,
Chairman, State Life Insurance Corporation and others v. Hamayun Irfan and 2 others (2010 SCMR 1495),
Muhammad Islam v. Chairman Pakistan State Life Insurance Corporation, Pakistan and others (Civil Petition No. 214-P of 2017)
|
| Laws Involved |
Constitution of Pakistan, 1973,
State Life Employees (Service) Regulations, 1973
|
| Sections |
199
|